The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. The crime of this case was committed by the Defendant using a vehicle sirens several times to commit the crime of cutting ginseng in his own place of residence, and is planned to commit the crime of this case, and is not only planned, but also several victims and the damaged amount of water. The Defendant has the record of having been punished several times due to the same kind of crime and has served several times as a result of the crime. In particular, the Defendant committed the crime of this case of the same kind of crime even during the repeated crime due to the ginseng theft crime of the same law committed in the vicinity of the place where the crime of this case was committed, and is disadvantageous to the Defendant that the victims want to punish the Defendant.

On the other hand, the fact that the defendant is divided into the crime of this case and is against the defendant, that the defendant deposited 1.6 million won for the victim E in the trial, 2.2 million won for the victim H, and 1.2 million won for the victim J is favorable to the defendant.

Therefore, in light of the above circumstances and the various sentencing conditions indicated in the records, such as the Defendant’s age, character and conduct, and motive and circumstance of the crime, the lower court’s punishment is deemed to be too unreasonable.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, and Article 329 of the Criminal Act concerning the crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;